The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-22
Supreme Court Decisions.
Hon. Allen collars. chlefiustice.

Hon. Allen collars. Chief-justice
12945. c., l., ST. L. q G. Railway Company
David D. Lang. administrator. Marion S.
@. Reversed. Mitchell. j. -Appellees intestatey
an experienced switchman and brakeman,
trains at the place where he injured. was
in the employ of the l. 81 ST. l.. Railroad Com
pany, attending a switching engine which WAS
used in transferring cars in the city of Indian.
apols over the tracks of the Union Railway
Company. At the point where the injury
Cured and fer some distance either way. the
Union railway had two tracks parallel with each
other east and west. Between the inner rails
was a space suitable standard-about
midway between the tracks-in use for switch
ing cars off the north track. The cars projected
about two feet the rails. Appellants
track connects with the Union tracks.
which used by several companies
for local purposes. At the time Of the accident
I. & ST. L. train from the east passed over
the south track, over switch to the north
traek. where 1t was standing or slowly moving
In he line of his duty intestate went to switch
standard to adjust the track for the train While
thus occupied. appellants engine and three box
cars backed toward the standard along the south
track at less than four miles hour, ringing
the bell, and with full complement of men in
their proper places, one of the brabemen occu.
plying place as lookout on the rear car of the
the backing train. The backing tram
where the deceased struck for
distance of 142 feet. The brakeman the
testified that when the train came in sight of the
standard he deceased walking toward the
standard. being about length from the
standard. When within about ten feet of the
standard, deceased looked directly at the back
ing train. and the Waterman. thinking he had
seen it, gave no special warning. He was struck
by the projecting side of the and thrown on
the track and killed. Held, upon tin facts, that
there negligence in the company, and
that deceased was guilty of contributory necli-
gence. Elliott, j., concurs in the conclusion
that the company guilty of negligence.
but dissents from the conclusion that the de-
ceased was guilty of contributory fault
14OO9 Orris T. Dckerson al. vs. VIM NJ
Franklin; Owen G. &. Affirmed. Niblack. J.
The declaration in Section 3261 that unplotted
lands in a cit or town shall not be taxed TO
such city to wn for all purposes at higher
aggregate percentage than in said section stat
ed, means that such lands shall not be taxed
by the city for general city or .own purposes
at higher aggregate percentage of the tax lev
led in the civil township for general township
purposes, but that lands of that class sub
ject to all special assessments by the city or
town which affect them, common with the
other properly OF the city or town.
1890. David Whesler Michael f. Law
renee. Whitley, G. G. Affirmed. Elliott, j.
All reasonable Prescriptions will be INDUCED
in favor of the correctness of the decisions be-
low, and if they erroneous the complaining
party must save and present them in the record
to exclude such presumptions.